DC Simple Assault Lawyer

If you have been charged with assault, you could be facing jail time and a significant fine, even if no physical contact took place. Therefore, before you talk to anyone else about what happened, contact a DC simple assault lawyer to represent you and ensure that you receive a strong defense and personalized support both in and out of the courtroom. An assault lawyer in DC is available to guide you through the legal process and ensure that you put forth the strongest defense possible.

Defining Simple Assault

There are three elements of simple assault. The first element of simple assault is that there was an act performed by the accused, which does not need to result in injury. The second element is the apparent ability of the accused to injure the victim, at the time that the accused commits the act. The third element is the intent of the accused to perform the act, at the time that the act is committed. Some examples of assault which may warrant the attention of a DC simple assault attorney include:

Use of Force or Violence

Intentionally using force or violence to injure another person, even if that injury is as minor as an offensive touching, constitutes a simple assault. If these acts result in a significant injury that requires hospitalization, a person could be looking at more serious felony charges.

Intent to Frighten

The elements of intent to frighten assault are such that the defendant committed a threatening act that would reasonably create a fear of immediate injury to another person, the defendant intended to cause injury or to create fear in the other person and, at the time of the act, the defendant had the apparent ability to injure the person.

Intent to frighten assault consists of threatening conduct, which is intended to either injure or frighten the victim. The major difference between attempted battery assault and intent to frighten assault is the nature of the intent, which the prosecution is required to prove.

Attempted Battery

The elements of attempted battery assault are such that the defendant, with force or violence, injured or attempted to injure another person, the defendant intended to use force or violence and, at that time, the defendant had the apparent ability to injure the person.

Attempted battery assault requires proof of an attempt by the defendant to cause a physical injury, whereas intent to frighten assault requires proof that the defendant intended to cause injury or intended to create an apprehension in the victim by engaging in the threatening conduct. With an intent to frighten assault, the defendant does not need to attempt an actual battery to be found guilty.

Non-Violent Touching

The elements of a non-violent touching assault are that the defendant voluntarily, sexually touched another person and that person did not consent to be touched by the defendant in that manner.

Sexual touching is defined as touching a part of another person’s body that would cause fear, shame, humiliation, or mental anguish in a person of reasonable sensibility if done without consent. However, the prosecution does not need to prove that the other person actually suffered any of those feelings.

A DC simple assault lawyer will evaluate the circumstances surrounding the event to determine what the most effective defense strategy will be.

No Contact Charges

A person can be charged with simple assault even if no physical contact took place in two different scenarios. With intent to frighten assault and attempted battery assault, no physical contact is actually required to be found guilty. In attempted battery assault, the prosecution must prove that the defendant attempted to cause physical injury and intended to do so even if the person was not physically injured. With intent to frighten assault, the prosecution must prove that the defendant intended to cause injury or intended to create fear in the other person by engaging in some threatening conduct.

Consequences

In DC, the potential consequences of simple assault could be 180 days in jail, a $1,000 fine, or a combination of the two. These are the maximum penalties. It is possible to get a less severe sentence, such as probation, as opposed to jail time.

The trials will generally be bench trials and therefore a judge, and not a jury, decides the facts of the case.

Working with a Simple Assault Attorney

Since assault is a criminal charge filed by the United States Attorney’s Office, a person facing these allegations will need an experienced DC simple assault attorney to help build a defense and represent your interests. Your attorney can listen to your side of the story, investigate the allegations, and discuss with you possible defenses and negotiation strategies. Ultimately, your lawyer can give you guidance on the best way to minimize your penalties or possibly get your charges dismissed.

If you have been accused of simple assault, you need the experience of a DC simple assault lawyer working for you. Contact a lawyer who can outline a strategy for your case as soon as possible.